A compilation of the laws of Illinois

Front matter

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Township Organization Laws of Illinois.

Preface

The first edition of this compilation was published in 1855. Before publication the plan of the work was submitted to the General Assembly of the State for their approval and patronage. It was favorably considered, and a number of books ordered at the expense of the State sufficient to supply each township in the State with ten copies, making in the aggregate about eight thousand copies. This is regarded as a legislative endorsement of the book, making it the official guide for all public officers. The work has been received with such favor by public officers and citizens generally that the entire sale at the present time exceeds fifty thousand copies.

The peculiar features of this work are : 1. It presents all the statute law on thesubject of Township Organization, orthat havingany connection therewith — collected together in one volume — in methodical and con_ venient form for reference. 2. It gives a full and complete collection of forms for proceeding under the law. 3. It gives, by way of notes full instructions in regard to every branch of the law, clearly expressed and supported by reference to judicial decisions. 4. It presents the law, the forms, and the notes, where they relate to a given subject, on the same page, and in immediate connection. It is this arrangement — which the compiler himself originated — that contributes in giving the work its great value as a useful and indispensable book for all public officers under the township organization system ; and the important matter it contains renders it valuable, not only for public officers and the legal profession, but for every citizen and tax-payer in the State.

The many changes in the law required a thorough revision of the work in 1861, and a further revision in 1870, to conform to the changes under the new Constitution. The work was again partially revised in 1873, in accordance with the laws passed under the Constitution of 1870. The completion of the revision of the statutes by the legislature at its adjourned session in 1874, rendered necessary a further revision of this work to con-

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form to the new code of statutes. At each subsequent session the legislature continued making changes in the laws relating to township organization, until at this time they have become so important as to demand another revision of this work, which is here presented, embodying all laws and decisions properly belonging to such a compilation, down to the present time. It will be observed that the Township Organization Act, as revised by the legislature in 1874, made many radical changes in the law concerning township affairs. It will be further observed that many of its provisions are vague and uncertain, not only stripping the system of some excellent features, as formerly existing, but leaving us in doubt as to the intention of the law in many important respects. In Article I, concerning adopting township organization, the town meeting is entirely ignored:' reference only being made to the election of town officers, or, as termed by the act, the "town election." The town meeting, as provided in a subsequent portion of the act, is a mere skeleton of that existing under the former township organization act. It was supposed that the legislature would take occasion to correct these imperfections in the law at an early day, but several sessions have passed and no progress has been made in that direction.

It has been the endeavor of the compiler to explain in the notes to the text, every apparent ambiguity in the law, and give as full instructions on doubtful points as the light of Judicial determinations would warrant.

Notes of decisions of the Supreme Court of Illinois, relating to the laws which the compilation embraces, are given in this edition down to Volume 87 of the Reports; notes of the decisions of other States, which were found applicable, are also given. There is also added notes of opinions given by the State Auditor of Public Accounts in regard to the revenue laws of the State. Reference is also made in several instances to the opinions of Attorney General Edsall, of Illinois and the Attorney General of Minnesota. No opinions being found in the Attorney General's office, of this State, relating to the laws herein embraced, prior tothe the term of the present Attorney General.

A new feature of this compilation is the addition, in an Appendix, of a brief summary of the rules of parliamentary law, for the benefit of town meetings and boards of supervisors. Efficiency can never be expected in any deliberative body where parliamentary rules are disregarded. In other words, where such rules are not properly observed. Hence a study and proper understanding of these rules is necessary on the part of every member of the board of supervisors and every elector who expects to attend and take part in the town meeting. This feature therefore renders the book of increased value.

PEEFACE. 11

The extent of the increase of matter from late legislation and decisions, is shown in the fact that over one hundred pages are necessarily added to the present edition of this work, thereby increasing the size of the book nearly one-fourth from that of the former edition.

The growth of our Township Organization system, which is now fully adjusted to our general statutes, has, at this time, reached that point that the laws bearing on that subject comprise a large portion of the statutes, embodying, among other subjects, in addition to the Township Organization Act, Roads and Bridges, Drains and Ditches, Fences, Township Insurance, Paupers, Revenue, Elections, and Regulation of Animals Running at Large, all tending still more to increase the necessity for a compilation of this kind in a separate volume, the utility of which is enhanced by the addition of notes and forms, rendering it a complete and convenient hand-book of the law on the subject embraced.

The plan and scope of this compilation will be best understood by reference to the table of contents following.

ELIJAH M. HAINES.

Chicago, III., Sept. 1, 1879,

Preface To The First Edition

Previous to going to press with this work the compiler addressed circulars to supervisors and town clerks in the several towns in the State, asking their co-operation in its circulation, and for certain information within their reach in regard to their respective towns. The answers, in consequence of delay in the mails, in many instances were not received until after going to press. The compiler would, however, avail himself of this opportunity of acknowledging his gratitude to all such as have responded to his requirements, as well as for the kind feeling expressed upon their part, and encouragement extended in behalf of the work. It is acknowledged by all that a work of this kind has long been desired, not only to secure uniformity of action but to guide the inexperienced under the peculiarities of the Township system ; and the compiler claims no higher reward for his labors than that of having them duly appreciated by a practical portion of the public to whom the work is now commended.

ELIJAH M. HAINES.

Waukegan, III., May, 1855.